Md. Mubarak @ Md. Mubarak Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19164 of 2016 Arising Out of PS.Case No. -444 Year- 2013 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Mubarak @ Md. Mubarak Hussain Son of Abdul Hakim Resident of Village - Bansar Naya Tola, P.S. Sri Nagar, District - Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 23-08-2017 The matter has been taken up out of turn on the prayer of the learned counsel for the petitioner. Heard learned counsel for the petitioner and the State.

The petitioner, being the husband of the victim, has renewed the prayer for bail in a case registered for the offences punishable under Sections 304B and 498A of the Indian Penal Code.

The accusation is of killing the daughter of the informant for non-fulfillment of the dowry demand.

Patna High Court Cr.Misc. No.19164 of 2016 (3) dt.23-08-2017 2/3 It is submitted by learned counsel for the petitioner that in the subsequent statement the informant has stated that the marriage was performed 8 to 9 years prior to the occurrence. Hence, as per own admission of the informant the case does not come within the purview of Section 304B of the Indian Penal Code.

The victim was suffering from some pregnancy complications for which medical assistance was provided to her.

The report of the learned 1st Additional Sessions Judge, Purnea dated 22nd of July, 2017 reflects that the prosecution evidence was closed and the case was posted for recording the statement of the accused under Section 313 Cr.P.C. whereupon the additional charge was framed under Section 302/34 of the Cr.P.C. but neither the prosecution nor the defence chose to adduce any evidence, as a result, again the case posted for recording statement of the accused under Section 313 Cr.P.C. on 26.07.2017. Hence, the trial is likely to be concluded within a period of one month.

Considering the advance stage of the trial, this Court is not inclined to revise its earlier order. Accordingly, this application is disposed of.

It is expected from learned trial Court to

Patna High Court Cr.Misc. No.19164 of 2016 (3) dt.23-08-2017 3/3 conclude the trial of Sessions Trial No. 69 of 2015, arising out of K. Nagar (Sri Nagar) P.S. Case No. 444 of 2013 within the time frame transmitted to this Court.

(Dinesh Kumar Singh, J) DKS/- U T